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In re Chavez-Alvarez

Interim Decision #3797 (B.I.A. 2014)
In re Chavez-Alvarez

25 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,657 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

  2. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,153 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  3. Hamdan v. Rumsfeld

    548 U.S. 557 (2006)   Cited 249 times   3 Legal Analyses
    Holding the military commission procedures established by an executive order invalid

  4. Demarest v. Manspeaker

    498 U.S. 184 (1991)   Cited 226 times
    Holding that prisoners who testify in federal court are entitled to witness fees under 28 U.S.C. § 1821, even though “prisoners are technically ‘produced’ under a writ of habeas corpus ad testificandum, rather than summoned by a subpoena”

  5. Noyd v. Bond

    395 U.S. 683 (1969)   Cited 124 times   1 Legal Analyses
    Holding that federal habeas review of a prisoner's confinement pending final review of his court-martial is unavailable when the Court of Military Appeals could entertain a petition for a writ of habeas corpus

  6. Martinez v. Mukasey

    519 F.3d 532 (5th Cir. 2008)   Cited 92 times   4 Legal Analyses
    Holding that for statutory bar to § 212(h) waiver to apply, "when the alien is granted permission, after inspection, to enter the United States, he must then be admitted as an LPR"

  7. Jean-Louis v. Att'y Gen. U.S.

    582 F.3d 462 (3d Cir. 2009)   Cited 81 times   1 Legal Analyses
    Finding the "realistic probability" test inapplicable where the statute's "elements ... are clear, and the ability of the government to prosecute a defendant under [the statute] is not disputed"

  8. Hanif v. Attorney Gen. of United States

    694 F.3d 479 (3d Cir. 2012)   Cited 53 times   2 Legal Analyses
    Holding that § 212(h) precludes a waiver only for those persons who had attained the status of lawful permanent resident at the time they lawfully entered into the United States

  9. Vasquez De Alcantar v. Holder

    645 F.3d 1097 (9th Cir. 2011)   Cited 38 times
    Holding that a petitioner who entered the country without inspection but whose family-based visa petition was processed and approved was not "admitted" under the cancellation statute

  10. Lanier v. U.S. Attorney General

    631 F.3d 1363 (11th Cir. 2011)   Cited 31 times   3 Legal Analyses
    Recognizing definition refers to immigration status, regardless of how or when it was obtained

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,358 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,717 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,888 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,474 times   62 Legal Analyses
    Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’

  15. Section 925 - Art. 125. Kidnapping

    10 U.S.C. § 925   Cited 61 times   4 Legal Analyses
    Defining the crime of "sodomy" to include "unnatural carnal copulation with another person of the same . . . sex"

  16. Section 907 - Art. 107. False official statements; false swearing

    10 U.S.C. § 907   Cited 23 times

    (a) FALSE OFFICIAL STATEMENTS.-Any person subject to this chapter who, with intent to deceive- (1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or (2) makes any other false official statement knowing it to be false; shall be punished as a court-martial may direct. (b) FALSE SWEARING.-Any person subject to this chapter- (1) who takes an oath that- (A) is administered in a matter in which such oath is required or authorized by law; and (B) is